Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 245 (2024GS)

Sponsor

Rep. Burton, J.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows for reenlistment bonus assistance to a member of the Utah National Guard;
• modifies the constitution of the Utah State Defense Force;
• adds a provision for the acceptance of gifts to the Utah National Guard;
• amends provisions related to benefits for the executive director of the Department of Veterans and Military Affairs;
• requires the deputy director for veterans services to be a veteran;
• clarifies a definition related to veteran preference eligibility to include the words "service member";
• reenacts provisions related to a leave of absence from employment for reserve members of the armed forces; and
• makes technical corrections.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 16, 2024 at 2:18 PM by lpoole.
UTAH NATIONAL GUARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: 
 Heidi Balderree
LONG TITLE
General Description:
This bill modifies provisions related to the Utah National Guard.
Highlighted Provisions:
This bill:
▸ allows for reenlistment bonus assistance to a member of the Utah National Guard;
▸ modifies the constitution of the Utah State Defense Force;
▸ adds a provision for the acceptance of gifts to the Utah National Guard;
▸ amends provisions related to benefits for the executive director of the Department
of Veterans and Military Affairs;
▸ requires the deputy director for veterans services to be a veteran;
▸ clarifies a definition related to veteran preference eligibility to include the words
"service member";
▸ reenacts provisions related to a leave of absence from employment for reserve
members of the armed forces; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
39A-1-201
, as renumbered and amended by Laws of Utah 2022, Chapter 373
39A-1-203
, as enacted by Laws of Utah 2022, Chapter 373
39A-3-105
, as enacted by Laws of Utah 2022, Chapter 373
39A-3-202
, as last amended by Laws of Utah 2023, Chapter 44
39A-3-204
, as renumbered and amended by Laws of Utah 2022, Chapter 373
39A-4-101
, as renumbered and amended by Laws of Utah 2022, Chapter 373
67-22-2
, as last amended by Laws of Utah 2023, Chapter 205
71A-1-202
, as enacted by Laws of Utah 2023, Chapter 44
71A-2-101
, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
amended by Laws of Utah 2023, Chapter 44
ENACTS:
39A-3-205
, Utah Code Annotated 1953
39A-9-101
, Utah Code Annotated 1953
71A-8-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
39A-1-201
 is amended to read:
39A-1-201.
Adjutant general -- Appointment -- Term -- Qualifications.
(1) There shall be one adjutant general of the 
Utah
 National Guard appointed by the
governor.
(2) The adjutant general is the commanding general of the Utah National Guard and the
Utah State Defense Force and [
holds office for a term of six years, unless terminated by
resignation, disability, age, in accordance with Subsection (6), or for cause
] 
serves at the
pleasure of the governor
.
(3) The individual appointed to the office shall:
(a) be a citizen of Utah and meet the requirements provided in Title 32, United States
Code;
(b) be a federally recognized commissioned officer, with the rank of colonel or higher,
of the 
Army
 National Guard [
of the United States
] 
or the Air National Guard
 with no fewer
than five years commissioned service in the Utah National Guard; and
(c) as determined by the governor, have sufficient knowledge and experience to
command the Utah National Guard.
(4) Active service in the armed forces of the United States may be included in the
requirement in Subsection (3)(b), if the officer was a member of the Utah National Guard when
the officer entered that service.
(5) The adjutant general shall establish a succession plan consistent with Section
53-2a-804
 to ensure the continuity of command.
(6) An officer is no longer eligible to hold the office of adjutant general after attaining
the age of 64 years.
(7) The adjutant general shall ensure the readiness, training, discipline, and operations
of the 
Utah
 National Guard.
Section 2. Section 
39A-1-203
 is amended to read:
39A-1-203.
Director of joint staff -- Assistant adjutants general -- Chief of staff
for the Air Force.
(1) There is authorized an assistant adjutant general for the Army, an assistant adjutant
general for the Air Force, a chief of staff for the Air Force, 
a land component commander,
 and
a director of joint staff.
(2) The adjutant general, with the approval of the governor, may appoint assistant
adjutant generals, a chief of staff for the Air Force, 
a land component commander,
 and a
director of joint staff with pay from the state.
(3) The assistant adjutants general, the chief of staff for the Air Force, 
the land
component commander,
 and the director of joint staff shall be at least a federally recognized
field grade commissioned officer of the Utah National Guard with not less than five years
military service in the armed forces of a state or of the United States, at least three of which
shall have been commissioned in the Utah National Guard. The officers shall hold office at the
pleasure of the adjutant general.
(4) The adjutant general may detail an officer without the required commissioned
service in the Utah National Guard to a position in this section only with the written approval
of the governor.
Section 3. Section 
39A-3-105
 is amended to read:
39A-3-105.
General officer salary and benefits.
(1) Full-time, state employed general officers or officers appointed to a general officer
position shall receive a salary that makes the total federal and state compensation at least
commensurate with the pay and allowances for their military grade or assigned position, time
in grade, and time in service as established in the United States Department of Defense Finance
and Accounting Services annual pay and allowances chart.
(2) General officers 
or other officers appointed to a general officer position and
appointed to state employment shall receive the benefits and protections in Section [
39-1-36
]
71A-8-105
 for the term of the appointment.
Section 4. Section 
39A-3-202
 is amended to read:
39A-3-202.
Pay and care of soldiers and airmen disabled while on state active
duty.
(1) (a) Before a service member may be considered disabled in accordance with this
section, the Adjutant General shall determine whether the service member's illness, injury, or
disease was contracted or occurred through the fault or 
gross
 negligence of the service member.
If the service member is determined to be at fault for an injury or developed a disability
through his or her own 
grossly
 negligent actions, the service member is not entitled to any care,
pension, or benefit in accordance with this section.
(b) Notwithstanding Subsection (1)(a) the service member may be eligible for benefits
in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
Occupational Disease Act.
(2) A member of the Utah National Guard or Utah State Defense Force who is disabled
through illness, injury, or disease contracted or incurred while on state active duty or while
reasonably proceeding to or returning from duty is eligible to receive workers' compensation
benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.
(3) (a) If the disability temporarily incapacitates the service member from pursuing the
service member's usual business or occupation, the service member is eligible to receive
workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers'
Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(b) For the duration of the service member's inability to pursue a business or
occupation, the adjutant general shall provide compensation so that the total compensation,
including the disability compensation received under Subsection (3)(a) is commensurate with
the injured service member's lost pay. The adjutant general shall consider lost civilian and
military pay in the compensation.
(4) A service member who is permanently disabled, shall receive pensions and benefits
from the state that individuals under like circumstances in the Armed Forces of the United
States receive from the United States.
(5) If a service member dies as a result of an injury, illness, or disease contracted or
incurred while on state active duty or while reasonably proceeding to or returning from active
duty, the surviving spouse, minor children, or dependent parents of the service member shall
receive compensation as directed in Section 
39A-3-203
.
(6) Costs incurred by reason of this section shall be paid out of the funds available to
the Utah National Guard.
(7) The adjutant general, with the approval of the governor, shall make and publish
regulations to implement this section.
(8) Nothing in this section shall in any way limit or condition any other payment to a
service member that the law allows.
Section 5. Section 
39A-3-204
 is amended to read:
39A-3-204.
National Guard Death Benefit Account.
(1) There is created within the General Fund a restricted account known as "National
Guard Death Benefit Account."
(2) (a) The restricted account shall be funded from funds appropriated by the
Legislature.
(b) Funds in the restricted account may only be used to pay the death benefit authorized
in Section [
39A-3-204
] 
39A-3-203
.
(c) The restricted account may accrue interest which shall be deposited into the
restricted account.
(d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
be transferred to the General Fund.
Section 6. Section 
39A-3-205
 is enacted to read:
 39A-3-205.
Recruitment and retention bonus assistance for Utah National Guard
members -- Use and allocation -- Appropriation.
(1) The Utah National Guard may provide recruitment and retention bonus assistance
to a member of the Utah National Guard for the purpose of recruitment and retention, if, at the
time the individual receives the assistance, the individual is an active member in good standing
with the Utah National Guard.
(2) The adjutant general may award recruitment and retention bonus assistance as the
adjutant general considers necessary to meet recruitment and retention needs.
(3) The adjutant general of the state shall pay recruitment and retention bonus
assistance directly to the individual.
(4) The adjutant general may recoup recruitment and retention bonus assistance funds
from a recipient if a recipient fails to meet the requirements of the program.
(5) The adjutant general shall establish regulations, procedures, forms, and reports
necessary to administer the allocation of assistance and payment of funds under this section.
(6) The adjutant general may use no more than 10% of the funds for administration of
the program as the adjutant general considers necessary.
Section 7. Section 
39A-4-101
 is amended to read:
39A-4-101.
Utah State Defense Force -- How constituted.
(1) Unless exempt under Subsection [
(2)
] 
(3)
, 
Ŝ→ 
in accordance with the Utah
167a 
Constitution, Article XV, Section 1,
 ←Ŝ
 all able-bodied [
citizens, and all
able-bodied individuals of foreign birth who have declared their intention to become citizens,
are 18 years old or older and younger than 64 years old, and are residents of this state
] 
male
inhabitants of the state, between the ages of 18 and 45 years old, except such as are exempted
by law
, constitute the Utah State Defense Force.
(2) Individuals 18 years old or older, who are residents of the state, may volunteer for
consideration by the adjutant general to be members of the Utah State Defense Force.
[
(2)
] 
(3)
 Individuals exempt from Subsection (1) include:
(a) individuals exempted from military service by laws of the United States;
(b) individuals exempted from military service by the laws of this state;
(c) all individuals who have been honorably discharged from the armed forces, or
volunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city or
town, but a member of the active defense force may not be relieved from duty because the
individual joined any volunteer fire company or department;
(e) judges and clerks of courts of record;
(f) state and county civil officers holding office by election;
(g) state officers appointed by the governor for a specified term of office;
(h) ministers of the gospel; and
(i) practicing physicians and hospital officers and assistants.
[
(3)
] 
(4)
 All individuals described in Subsection (1) are liable to military duty in case
of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of
these, or after voluntarily enlisting in the National Guard of this state.
Section 8. Section 
39A-9-101
 is enacted to read:
CHAPTER 9. GIFTS TO THE UTAH NATIONAL GUARD
 39A-9-101.
Acceptance of gifts.
(1) The Utah National Guard is authorized to receive gifts, contributions, and
donations of all kinds, including tangible objects and real property made on the condition that
the Utah National Guard uses the gifts, contributions, and donations for the benefit of, or in
connection with, the Utah National Guard and Utah National Guard members, employees, or
members' or employees' dependents.
(2) The adjutant general is the acceptance authority for gifts described in Subsection
(1).
(3) The adjutant general may also accept gifts donated to benefit a state military
museum or to create a memorial within the state honoring the activities of the Utah National
Guard.
(4) A gift, grant, or donation described in this section will not revert to the General
Fund and shall be considered non-lapsing funds.
(5) Acceptance authorities will ensure compliance with the restrictions and limitations
contained in Section 
63G-6a-2404
.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the acceptance of gifts, including establishing:
(a) delegation of gift acceptance authority;
(b) the method and criteria for accepting gifts;
(c) identification of existing accounts for gift proceeds to be deposited into;
(d) use and purpose of gifts;
(e) prohibitions; and
(f) exceptions to the policy.
Section 9. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Services;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of Cultural and Community Engagement;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Planning and Budget;
(xiv) executive director, Department of Government Operations;
(xv) executive director, Department of Environmental Quality;
(xvi) executive director, Governor's Office of Economic Opportunity;
(xvii) executive director, Department of Workforce Services;
(xviii) executive director, Department of Health 
and Human Services
, Nonphysician;
[
(xix) executive director, Department of Human Services;
]
[
(xx)
] 
(xix)
 executive director, Department of Transportation;
[
(xxi)
] 
(xx)
 executive director, Department of Veterans and Military Affairs;
[
(xxii)
] 
(xxi)
 executive director, Public Lands Policy Coordinating Office, created in
Section 
63L-11-201
; and
[
(xxiii)
] 
(xxii)
 Great Salt Lake commissioner, appointed under Section 
73-32-201
.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the Division of Human Resource Management.
(2) (a) The director of the Division of Human Resource Management shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Division of
Human Resource Management.
(b) (i) The Division of Human Resource Management shall determine the salary range
for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Division of Human Resource Management
may not consider that deputy's salary range in designating the salary range for appointed
executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the Division of Human Resource Management shall set the
maximum salary in the salary range for each of those positions at 90% of the salary for district
judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the Division of Human Resource Management shall set the maximum salary in the
salary range for each of those positions at 100% of the salary for district judges as established
in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
specific salary for each appointed executive within the range established under Subsection
(2)(b).
(ii) If the executive director of the Department of Health 
and Human Services
 is a
physician, the governor shall establish a salary within the highest physician salary range
established by the Division of Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(4) Salaries for other Schedule A employees, as defined in Section 
63A-17-301
, that
are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
Salary Act, shall be established as provided in Section 
63A-17-301
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; [
and
]
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use[
.
]
; and
(h) for the executive director of the Department of Veterans and Military Affairs a
vehicle for commute and official use.
Section 10. Section 
71A-1-202
 is amended to read:
71A-1-202.
Department of Veterans and Military Affairs -- Executive director --
Responsibilities.
(1) The executive director is the chief administrative officer of the department.
(2) The executive director is responsible for:
(a) the administration and supervision of the department;
(b) the coordination of policies and program activities conducted through the
department;
(c) the development and approval of the proposed budget of the department;
(d) preparing an annual report for presentation not later than November 30 of each year
to the Government Operations Interim Committee which covers:
(i) services provided to veterans, service members, and their families;
(ii) services provided by third parties through the Veterans Assistance Registry;
(iii) coordination of veterans services by government entities with the department; and
(iv) the status of military missions within the state;
(e) advising the governor on matters pertaining to veterans and military affairs
throughout the state, including active duty service members, reserve duty service members,
veterans, and their families;
(f) developing, coordinating, and maintaining relationships with Utah's congressional
delegation and appropriate federal agencies; and
(g) entering into grants, contracts, agreements, and interagency transfers necessary to
support the department's programs.
(3) The executive director may appoint deputy directors to assist the executive director
in carrying out the department's responsibilities.
(4) A deputy director, described in Subsection (3), of veterans' services shall be a
veteran.
Section 11. Section 
71A-2-101
 is amended to read:
71A-2-101.
Veterans' preference -- Definitions.
(1) As used in this chapter:
(a) "Government entity" means the state, any county, municipality, special district,
special service district, or any other political subdivision or administrative unit of the state,
including state institutions of education.
(b) "Individual with a disability" means a veteran or service member who has
established the existence of a service-connected disability or is receiving compensation,
disability retirement benefits, or a pension because of a public statute administered by the VA
or a military department.
(c) "Preference eligible" means:
(i) any individual who is a veteran or service member;
(ii) an individual with a disability, regardless of the percentage of disability;
(iii) the spouse or surviving spouse of a veteran 
or service member
;
(iv) a purple heart recipient; or
(v) a retired member of the armed forces.
(2) Terms defined in Section 
71A-1-101
 apply to this chapter.
Section 12. Section 
71A-8-105
 is enacted to read:
 71A-8-105.
Reserve member of armed forces -- Leave of absence from
employment -- Liability of employers.
(1) Any member of a reserve component of the armed forces of the United States who,
pursuant to military orders, enters active duty, active duty for training, inactive duty training, or
state active duty shall, upon request, be granted a leave of absence from employment, but for
no more than five years.
(2) Members of the Utah National Guard or the State Defense Force, when ordered to
state military service by the governor, have the same rights and protections as provided by
federal law for activation to federal military service for the duration of their state service not to
exceed five years.
(3) General officers of the Utah National Guard or the State Defense Force or other
officers appointed to a general officer position, when appointed to state employment by the
governor or the adjutant general, have the same rights and protections as provided by federal
law for activation to federal military service for the duration of their state appointment, even if
the state appointment exceeds five years.
(4) Upon satisfactory release from state or federal orders, or from hospitalization
incidental to the orders, the member shall be permitted to return to the prior employment and
have the same rights and protections as provided by federal law for activation to federal
military service as it pertains to seniority, status, pay, and vacation the member would have had
as an employee if the member had not been absent for military purposes.
(5) Any employer who willfully deprives an employee who is absent as a member
under this chapter of any of the benefits under this chapter or discriminates in hiring for any
employment position, public or private, based on membership in any reserve component of the
armed forces, is guilty of a class B misdemeanor.
Section 13. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.